State v. Brooks-Scanlon Lumber Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $16,438.42 for timber cut from state land in violation of the terms of a certain logging permit. The violation of the permit was denied. The case was partly tried before Stolberg, J., and after his death was tried before Johnson, J., who granted the motions of defendant O’Brien and defendant Bonness to dismiss the action as to them, and made findings and ordered judgment for $2,234.40 against defendant-lumber company.
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Action in the district court for Ramsey county to recover $16,438.42 for timber cut from state land in violation of the terms of a certain logging permit. The violation of the permit was denied. The case was partly tried before Stolberg, J., and after his death was tried before Johnson, J., who granted the motions of defendant O’Brien and defendant Bonness to dismiss the action as to them, and made findings and ordered judgment for $2,234.40 against defendant-lumber company. The motions of plaintiff and of defendant for amended findings were denied. From an order denying its motion for a new…
1Opinion of the Court
Dibell, C.
Action of trespass. Trial to the court and findings for the plaintiff. Appeal by the plaintiff from the order denying its motion for a new trial.
1. In 1905 the defendant received from the state a permit to cut the pine not less than 8 inches in diameter 24 feet from the ground standing upon a certain school section. The surveyor-general’s scale showed 5,026,900 feet. For this quantity the defendant paid. A rescale taken some years later at the instance of the state auditor showed 7,927,-820 feet. The state brought an action to recover the contract price for the difference in…
2Cases cited11 opinions
- Wilson v. HubbardWashington Supreme Court · 1905
- Child v. MorganSupreme Court of Minnesota · 1892
- State v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1913
- In re Estate of HolbertCalifornia Supreme Court · 1881
- State v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. SmithSupreme Court of Minnesota · 1952
- Moodie-Yannotti v. Swan (In Re Swan)United States Bankruptcy Court, D. Minnesota · 1993
- Holmes v. HolmesWyoming Supreme Court · 1949
- Stevens v. Minneapolis Fire Department Relief Ass'nSupreme Court of Minnesota · 1945
- Mitchell v. BazilleSupreme Court of Minnesota · 1944
6 more not listed; retrieve them via the Exa API.